Business Trusts (Appeals) Regulations 2005

No. S 9

Business Trusts Act 2004

(Act 30 of 2004)

Business Trusts (Appeals) Regulations 2005

In exercise of the powers conferred by section 91 of the Business Trusts Act 2004, the Senior Minister, Prime Minister’s Office, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Business Trusts (Appeals) Regulations 2005 and shall come into operation on 6th January 2005.

Definitions

2. In these Regulations, unless the context otherwise requires —

“Appeal Advisory Committee” means an Appeal Advisory Committee constituted under section 88 of the Act;

“Appeal Advisory Panel” means the Appeal Advisory Panel appointed under section 89 of the Act;

“appellant” means any person who wishes to appeal under the Act to the Minister;

“decision” includes any action by or direction of the Authority appealed against;

“secretary” means any person who has been appointed to be a secretary of the Appeal Advisory Panel under regulation 4(1).

Forms

3.—(1) The forms to be used for the purposes of these Regulations are those set out at http://www.mas.gov.sg (under “Business Trusts”), and any reference in these Regulations to a numbered form shall be construed as a reference to the current version of the form bearing the corresponding number in that website.

(2) All forms used for the purposes of these Regulations shall be completed in the English language and in accordance with such directions as may be specified in the forms.

(3) The Minister may refuse to accept any form that is not completed in accordance with this regulation.

Secretary of Appeal Advisory Panel

4.—(1) The Minister may appoint one or more officers or employees of the Authority to be a secretary of the Appeal Advisory Panel.

(2) Any secretary may attend any meeting of any Appeal Advisory Committee.

Members and meetings of Appeal Advisory Committee

5.—(1) Every Appeal Advisory Committee shall consist of —

(a)	a chairman; and
(b)	2 or more other members,

as the Minister may appoint from the members of the Appeal Advisory Panel.

(2) The Minister may appoint an alternate chairman from the members of the Appeal Advisory Committee and, in the absence of the chairman, the alternate chairman shall have all the powers conferred on the chairman by these Regulations.

(3) The quorum of any meeting of an Appeal Advisory Committee shall be 2 members, of whom one shall be the chairman or alternate chairman, and no business shall be transacted unless such a quorum is present.

(4) An issue before an Appeal Advisory Committee shall be decided by a majority of votes and, in the case of an equality of votes, the chairman shall be entitled to a casting vote.

(5) A member of an Appeal Advisory Committee shall declare to the Minister the nature and extent of all conflicts of interest or potential conflicts of interest, if any, with his duties or interests as a member of that Committee arising from —

(a)	his holding of any office;
(b)	his interest in any contract;
(c)	his possession or ownership of any property; or
(d)	any direct or indirect relationship to the appellant.

(6) Where the Minister is satisfied that the chairman, the alternate chairman or other member of an Appeal Advisory Committee is unable to carry out his duties properly and effectively because of any conflict of interest or potential conflict of interest referred to in paragraph (5), the Minister may appoint another chairman or alternate chairman or replace that other member, as the case may be.

Procedure for appeals to Minister

6.—(1) An appellant may appeal to the Minister by lodging with the secretary —

(a)	within the period stipulated in the relevant provision of the Act, a notice of appeal containing a brief description of the decision appealed against, in Form 1; and
(b)	within 21 days from the date on which such notice of appeal was lodged, a petition of appeal containing particulars of the decision appealed against, the issues arising in the appeal and the reasons for the appeal, in Form 2.

(2) The Minister may, in his discretion and subject to such conditions as he may impose, accept a notice of appeal or petition of appeal lodged by the appellant after the expiration of the period specified in paragraph (1)(a) or (b), if the Minister is satisfied that the appellant was unable to lodge the notice of appeal or petition of appeal, as the case may be, within that specified period due to the appellant’s absence from Singapore, illness, or any other reason where the Minister is satisfied that there has not been any unreasonable delay on the part of the appellant.

(3) The secretary shall, upon receipt of any notice of appeal or petition of appeal, immediately forward such document to the Minister and a copy of such document to the Authority.

(4) Where the Minister refers an appeal to the Appeal Advisory Committee, the secretary shall —

(a)	notify the Authority and the appellant that an appeal against the decision of the Authority has been referred by the Minister to the Committee; and
(b)	forward a copy of the notice of appeal and, as soon as it is available, the petition of appeal to the Committee.

(5) Upon receipt of the notice referred to in paragraph (4)(a), the Authority may provide the Appeal Advisory Committee with its reasons for the decision being appealed against.

(6) The Appeal Advisory Committee shall give the Authority (or its representative) and the appellant (or his advocate and solicitor) a reasonable opportunity to appear and be heard before the Committee.

Powers of Appeal Advisory Committee to hear witness and admit evidence

7.—(1) An Appeal Advisory Committee may, in its discretion, hear any witness and may admit or reject any evidence adduced, whether oral or documentary, and whether admissible or inadmissible under any written law for the time being in force relating to the admissibility of evidence.

(2) The secretary shall cause to be served on any person who is to be summoned to appear before an Appeal Advisory Committee to give evidence or to produce any document or material, not less than 7 days before the date on which the Committee will sit, a written notice of the time and place at which the Committee will sit.

(3) The secretary shall also cause the notice referred to in paragraph (2) to be served on the Authority and the appellant (or his advocate and solicitor).

(4) Service of the notice referred to in paragraph (2) shall be effected in such manner as the secretary may determine.

(5) In any proceedings under paragraph (1), the Authority and the appellant (or his advocate and solicitor) may examine any witness who appears, and inspect any evidence adduced, before the Appeal Advisory Committee.

Withdrawal of appeal

8. The appellant may at any time, before the Minister confirms, varies or reverses the decision of the Authority on appeal, withdraw his appeal by serving on the secretary a written notice to that effect.

Postponements

9. An Appeal Advisory Committee may postpone or adjourn any sitting of the Committee at any time.

Inquiry not open to public

10. Every Appeal Advisory Committee shall sit in private.

Confidentiality

11.—(1) Subject to paragraph (2), no person shall, unless authorised by the Minister, disclose any written or other report, information, document or evidence, or part thereof, placed before an Appeal Advisory Committee to any other person, except to the secretary, a member of the Committee, the Authority or the appellant (or his advocate and solicitor).

(2) Paragraph (1) shall not apply to the disclosure of any report, information, document or evidence, or part thereof —

(a)	by the person who placed the report, information, document or evidence before the Appeal Advisory Committee; or
(b)	which is in the public domain.

(3) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

Report of Appeal Advisory Committee

12.—(1) The Appeal Advisory Committee shall submit its report to the Minister within 28 days of the appeal having been referred to the Committee, or such further period as may be permitted by the Minister upon the request of the Committee made before the expiry of the period of 28 days.

(2) The report may state the recommendations of the Appeal Advisory Committee, as well as the grounds upon which the Committee relied in making any recommendation.

(3) The report shall be secret and no person shall disclose the report or any part thereof to any other person other than the Minister, except where the Minister otherwise directs.

(4) Any person who contravenes paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

Dissolution of Appeal Advisory Committee

13. An Appeal Advisory Committee constituted in respect of an appeal shall dissolve upon the withdrawal of that appeal or upon the Minister confirming, varying or reversing the decision of the Authority on appeal.

Made this 21st day of December 2004.

LIM SIONG GUAN

Permanent Secretary (Special Duties),
Prime Minister’s Office,
Singapore.

[MCD/MCP/016/2003; AG/LEG/SL/31A/2004/1 Vol. 1]

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